Justice Roberts raises concerns about limiting candidate lawsuits to ‘fraught’ election time

From Washington Examiner:

Chief Justice John Roberts expressed concern during oral arguments on Wednesday that Illinois wants the high court to limit candidates’ ability to sue over election laws to the “most fraught” time of the campaign, questioning the state’s argument that candidates must wait for evidence that a state law has harmed or will harm their election before filing a lawsuit.

Oral arguments before the Supreme Court in Bost v. Illinois State Board of Elections grappled with when a political candidate has shown harm by a law sufficient to file a lawsuit. Justices expressed concerns over both sides’ arguments, ranging from the prospect that candidates with no chance of winning will be able to sue over any election law, to the concern of courts’ need to determine whether a candidate has a chance of winning before assessing whether they have standing.

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